Streamlining Payments into Court
O. Reg. 191/95 (General)
Regulation - LGIC
Bill or Act:
Public Guardian and Trustee Act; Courts of Justice Act
Summary of Decision:
March 29, 2012
Summary of Proposal:
This proposal will streamline the procedure for payments into court for civil and most family and Small Claims Court matters by directing that they be made payable to, held and paid out by, the Accountant of the Superior Court of Justice.
Currently, in family and small claims matters, money is paid to the clerk/registrar of the court in many different locations. This proposal would centralize payments to the Accountant. Payors would be able to make payments at a bank of their choosing in their local municipality, or by mail.
Ontario Regulation 191/95 (General) under the Public Guardian and Trustee Act,would be amended and R.R.O. 1990, Regulation 190 (Money Paid into Court) under the Courts of Justice Act would be revoked.
The amended regulation would clearly set out that the Accountant will receive and distribute money paid into court on civil, small claims and family matters, subject to certain exceptions. These exceptions would include:
- Money paid into court pursuant to the enforcement of an order for the payment or recovery of money, including money paid pursuant to enforcement by garnishment;
- Money paid into the Small Claims Court pursuant to,
- an order or proposal for payment made under rule 9.03 of Ontario Regulation 258/98 (Small Claims Court Rules) made under the Courts of Justice Act, or
- an offer to settle a claim in return for the payment of money, where the offer includes a term that the defendant pay the money into court;
- Money for the support of a child or spouse that is paid into court by the payor on behalf of a recipient.
Only money paid into court after implementation would be paid into the Accountant. There would be no transfer of existing funds currently held by the court locally.
Consequential amendments to the civil, family and small claims rules would also be proposed to the various rules committees to prescribe procedures for payments to and from the Accountant.
Ministry of the Attorney General
Civil Policy & Programs Branch, Court Services Division
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
January 1, 2013